Powell v. Alleghany Corp.
Opinion of the Court
MEMORANDUM
Patricia H. Powell appeals the district court’s order dismissing her action alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) by insurance and title companies involved in the court-ordered escrow and sale of Powell’s property. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a district court’s dismissal based on res judicata, W. Radio Servs. Co. v. Glickman, 123 F.3d 1189, 1192 (9th Cir. 1997), and we affirm.
Powell’s claims have been the subject of two prior state court actions,
Powell’s argument that granting preclusive effect to a state court decision violates the Supremacy Clause is without merit. See 28 U.S.C. 1738; see also Takahashi v. Bd. of Trustees of Livingston, 783 F.2d 848, 850 (9th Cir.), cert. denied, 476 U.S. 1182, 106 S.Ct. 2916, 91 L.Ed.2d 545 (1986).
The district court did not abuse its discretion in designating Powell as a vexatious litigant because Powell received adequate notice to oppose the motion, the district court recounted and made substantive findings as to the frivolous nature of Powell’s filings, and the order was narrowly tailored to remedy Powell’s particular abuses. See O’Loughlin v. Doe, 920 F.2d 614, 617 (9th Cir. 1990).
We have considered the remainder of Powell’s contentions and find they lack merit.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. The two prior California state court actions were Powell v. Alleghany Corp., Case No. GC013802, and Henricks v. Alleghany Corp., Case No. GC016003.
. Powell v. Alleghany Corp.; et al, No. 97-56621, 188 F.3d 514 (9th Cir. 1999) (unpublished memorandum disposition).
Reference
- Full Case Name
- Patricia H. POWELL v. ALLEGHANY CORP
- Cited By
- 2 cases
- Status
- Published